be eligible for a permanent residence permit and, as such, would not be able to fulfill the criteria for naturalization as Polish citizens.98 3.4.2.3 THE RIGHT TO SELF-EMPLOYMENT The 2004 Act on Freedom of Business Activity stipulates that self-employment can be taken up by foreign nationals in possession of all types of residence permits which grant access to labour market. Careful analysis of the applicable provisions leads to the conclusion that stateless persons are excluded from this possibility since the wording of Article 13(2) of the above-mentioned Act refers only to “citizens of other states”. 3.4.2.4 THE RIGHT TO WORK Stateless persons staying irregularly on the territory of Poland cannot take up legal employment. The inability to work has a negative impact on everyday life and life plans. Stateless persons interviewed for this study emphasized their will and need to work and obtain an income and support themselves and their families, which were regarded as more important than obtaining social benefits. They underlined that only by signing a legal employment contract would their labor rights be secured and their tax obligations fulfilled. Moreover, by signing a contract of employment the chances of becoming a victim of exploitation and discrimination would be limited. Stateless persons who received tolerated stay are entitled to work in Poland without the need to apply for a work permit. 3.4.2.5 THE RIGHT TO SOCIAL ASSISTANCE The 2004 Act on Social Assistance stipulates that foreigners with tolerated stay are only eligible for certain forms of assistance including meals and shelter, necessary clothing and designated benefits for vital livelihood needs, including medicine and others. Relevant jurisprudence suggests that there is no possibility to interpret these regulations in a way that broadens the scope of accessible forms of social assistance.99 Therefore, stateless persons with tolerated stay would only be entitled to limited social assistance. Some additional assistance is available for those stateless who were granted a permit to stay based on humanitarian grounds (among others, monthly allowance 500 PLN per child) 3.4.2.6 THE RIGHT TO HEALTH CARE Article 68 of the Polish Constitution provides for the right to have one’s health protected, regardless of status (thus not exclusively applicable to Polish citizens). Generally, legal stay and a valid residence permit are considered to be a pre-requisite for a foreigner to be entitled to state funded health care (with some exceptions regarding, for example, asylum-seekers or foreigners placed in detention centers whose legal status is not resolved – in such cases state funded health care is provided based on separate regulations). There is also a narrow scope of health care provided irrespective of the status of the person concerned and is, therefore, available to 36 98 Article 30 of the Act on Polish Citizenship. 99 See, for example, judgment of the Regional Administrative Court (WSA) in Szczecin of 17 November 2010 (II SA/Sz 817/10) and judgment of the Supreme Administrative Court of 5 October 2011 (I OSK 803/11). MAPPING STATELESSNESS IN POLAND